Miss A. Mireuta v Respondent — 2020

The respondent did not present a response, so the tribunal considered the matter under Rule 21 of the Employment Tribunals Rules of Procedure 2013 and determined the claim on the material supplied by the claimant. The claimant produced a table of deductions, payslips, the contract of employment, and a narrative about alterations to the contract and the termination of employment.

On wages, the tribunal found that the claimant was to be paid £9 per hour and was paid by monthly bank transfer. It accepted that there were shortfalls in the net pay for July, August, September and October 2018, totalling £2,049.78 before taking account of two overpayments in April and June, which reduced the net figure to £1,980.18. The tribunal then grossed that amount up for basic-rate tax to £2,475.23. It also found that December wages of £551.17 and December sick pay of £276.17 had not been paid, bringing the total award for unpaid wages to £3,302.65.

On commission, the tribunal accepted that the contract provided for £50 per successful letting and that the claimant said this was later varied orally to £30 per letting. On the basis that there were 23 lettings and no commission had been paid, it awarded £690 before tax. On expenses, the tribunal rejected the claim because the claimant had not identified what the expenses were or how they were incurred, and the contract said she had no authority to incur expenses.

On notice pay, the tribunal found that the claimant was dismissed by email on 18 December 2018, with notice to expire on 18 January 2019, and that the contract entitled her to one calendar month’s notice. Using average gross wages for September, October and November, it assessed one month’s pay at £1,232.83 gross and ordered payment of that sum. The total judgment sum was £5,225.48.